Locating the Other Party
You need the defendant's address for a number of reasons. You may want to contact the other party to attempt to settle the case before filing the action and also to communicate your pre-filing demand. Then, when you file your case in small claims court, you'll need an address to give to the process server to serve the Plaintiff's Claim and Order to Defendant. If you win your case, you'll need an address where you can send a letter requesting payment. Here are several important sources of information for finding out where the other party lives or works.
- Directories
- County Assessor's Office
- Change of Address
- Obtaining Post Office Box Records
- Locating Sole Proprietorships and Partnerships
- Locating Partnerships and Limited Liability Entities
- Locating a Business Through the City Clerk's Office
- Determining a Corporation's Directors and Agents for Service of Process
- Department of Motor Vehicles Records
- To courts and other governmental entities
- To law enforcement agencies
- To an attorney
- To an insurance company
- To a financial institution
- The Internet
Directories
The most obvious source of addresses, and one often overlooked, is the telephone directory. If the only information you have concerning the other party is a telephone number, and the number is one that is listed in the telephone directory, you may use the Reverse Telephone Directory in your public library. Numerous directories are also available on the Internet.
County Assessor's Office
If the person you're seeking owns property, you can search the tax rolls of the county assessor's office. The tax rolls list the names and addresses of property owners in the county by both the owner's name and the address of the property. The county registrar or recorder maintains a listing of property owners by name and location of the property owned. In Sacramento County, the County Assessor's Office can be reached at 916-874-8522.
Change of Address
If the person has moved, the Postal Service will no longer give out the new address for a private individual to another private individual merely upon written request. The new address for a business is available for a $3.00 fee. However, once you have filed your lawsuit, you may obtain the forwarding address of a person or a business for the purpose of serving legal process using the steps listed below.
Obtaining Post Office Box Records
The Postal Service will give you the street address of the holder of a post office box if the box is being used to solicit or engage in business with the public. You should visit or write the post office that services the box and provide an advertisement or other evidence that shows that the box is being used for a business purpose.
The Postal Service also will give you a forwarding address or the street address of a post office box for either a business or a person if you can certify that the information is needed to serve that party with court process and that it will be used solely for that purpose. To do this, you should visit or write the post office that services that box and complete a form, which you may pick up at the post office, or submit a written request that includes the following information:
- Your name and address.
- The name of the box holder.
- The box number.
- The zip code.
- The fact that you're representing yourself in a legal action.
- The name of the court.
- The title of the case.
- The case number.
- A brief description of the nature of the case.
- The identity of all other parties to the case.
- The fact that the box holder is a party to the case (for instance, defendant or judgment debtor).
- A statement that the information will be used only for serving a court paper (for instance, Service of Process or Order to Appear for Examination).
- The citation of the law (for Service of Process, CCP Section 116.340, and for an Order to Appear for Examination, CCP Section 708.110). See Post Office Manual Section 352.44, subd.[e].
Locating Sole Proprietorships and Partnerships
The county clerk's office maintains a listing of fictitious business statements. The statement lists the names and addresses of the owners of businesses operating under a name different from the owners' names. Check the computer listing of the business to obtain the certificate number, and ask the clerk to assist you in finding the certificate in the files. The certificate contains the owner's name and address. In some counties you can obtain this information by mail. Check with the clerk of your county to determine availability, cost, and the procedure to follow. You can find the address and phone number of the county clerk's office for your county in the Government Pages of your phone book. It's usually listed in the county section under the heading "Assessor-County Clerk-Recorder" or "County Clerk." In Sacramento County, the County Assessor's Office can be reached at 916-874-8522.
Locating Partnerships and Limited Liability Entities
The Secretary of State's website also includes records of general partnerships, limited partnerships, limited liability companies, and limited liability corporations. (See "Determining a Corporation's Directors and Agents for Service of Process" by clicking here).
Locating a Business Through the City Clerk's Office
The city clerk's office, tax and permit division, maintains a list of the names and addresses of most persons licensed to do business in a city. You can find the address and phone number of the city clerk's office in the Government Pages of your phone book. It's usually listed in the city section under the heading "Clerk".
Determining a Corporation's Directors and Agents for Service of Process
The Secretary of State maintains a record of the names and addresses of the officers of corporations and their agents for service of process who can be served with the claim in a small claims action. For instructions on how to obtain this information, call (916) 657-5448 (recorded message). You can download instructions and an order form from the Internet at www.ss.ca.gov. For an extra charge, the Secretary of State will fax the requested information to you.
Department of Motor Vehicles Records
The Department of Motor Vehicles will no longer release residential addresses to litigants and process servers. The DMV will release residential addresses in the following situations:
To courts and other governmental entities
Courts will not obtain the residential addresses for litigants.
Many law enforcement agencies will request the residential addresses of motorists or vehicle owners for their accident reports.
The attorney must state under penalty of perjury that the residential address of a driver or registered owner is necessary to represent a client in a lawsuit involving the use of a motor vehicle.
The insurance company requests the information for the purpose of obtaining the address of a motorist or vehicle owner who was involved in an accident with the insured. An insurance company may also obtain that address if the motorist or vehicle owner signed a waiver.
The financial institution must have obtained a written waiver from the individual driver or vehicle owner whose residential address is requested.
The Internet
Many resources exist on the Internet to locate an individual or business. The major browsers have search capabilities if you know an individual's name. Reverse directories now exist online. Most regulatory agencies' websites have a directory of their licensees. Since Internet resources change constantly, you should research the different existing Internet resources.
